KLN v. State

881 N.E.2d 39, 2008 WL 427651
CourtIndiana Court of Appeals
DecidedFebruary 19, 2008
Docket71A03-0708-JV-411
StatusPublished

This text of 881 N.E.2d 39 (KLN v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
KLN v. State, 881 N.E.2d 39, 2008 WL 427651 (Ind. Ct. App. 2008).

Opinion

881 N.E.2d 39 (2008)

K.L.N., Appellant-Respondent,
v.
STATE of Indiana, Appellee-Petitioner.

No. 71A03-0708-JV-411.

Court of Appeals of Indiana.

February 19, 2008.

*40 Mark F. James, Anderson, Agostino & Keller, PC, South Bend, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Monika Prekopa Talbot, Deputy Attorney. General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Chief Judge.

K.L.N., a juvenile, was adjudicated delinquent and confined to a secure facility for 120 days. As a result of K.L.N.'s unwillingness to follow the rules of the facility, the juvenile court modified the terms of his dispositional decree to include an order that K.L.N. follow those rules. After K.L.N. amassed three new incident reports, the probation department filed a rule to show cause, resulting in the court finding K.L.N. in civil contempt of court and imposing an additional term of confinement for the contempt finding. Although the juvenile court informed K.L.N. that for every day of good behavior on his original confinement one day would be subtracted from the contempt confinement, there was no way in which K.L.N. could have immediately purged himself of the contempt finding. Moreover, there is no statutory authority for the course of action taken by the juvenile court herein. Thus, we conclude that the juvenile court erred by holding K.L.N. in contempt and lengthening his term of confinement.

Appellant-respondent K.L.N. appeals the juvenile court's order finding him in indirect civil contempt for failing to obey the rules of the facility to which he was committed for 120 days and adding 77 days to his term of detention in the facility. Finding that the juvenile court did not have authority to take these actions, we reverse.

FACTS

On May 17, 2007, eighteen-year-old K.L.N. pleaded guilty to committing an act that would have been class B felony burglary had it been committed by an adult. Following a dispositional hearing, the juvenile court placed K.L.N. on probation subject to a number of conditions, including a 120-day commitment to the St. Joseph County Juvenile Justice Center (the Center). K.L.N. began serving the commitment on May 17, 2007.

On June 7, 2007, the trial court held an informational hearing during which K.L.N.'s probation officer testified that *41 since the commitment had begun on May 17, K.L.N. had accumulated six incident reports for disorderly and disrespectful behavior, use of profanity, and failure to follow staff instructions. At the hearing, the court stated that "it's very clear that it's assumed that he should be obeying the rules in detention. . . ." June 7 Tr. p. 3. K.L.N.'s attorney explained that K.L.N. had faced consequences for his poor behavior, including being on room segregation and losing privileges such as using the phone and seeing visitors, such as his mother. Id. at 4-5. Notwithstanding the juvenile court's comment that "the Court should not be probably micro-managing what goes on in detention," id. at 7, the court, on its own motion, modified the terms of K.L.N.'s dispositional order to require K.L.N. to obey all Center rules and the instructions of Center staff. The court then cautioned K.L.N. that if he did not follow the rules, "then the probation department can possibly go through the hoops, go[] through the right process and file contempt proceedings. What result with those contempt proceedings, I'm not even going to begin to imagine." Id.

On June 14, 2007, the probation department filed a rule to show cause why K.L.N. should not be held in contempt of court for failing to obey Center rules, informing the court that in the week that had elapsed since the June 7 hearing, K.L.N. had amassed three new incident reports for destruction of property, disorderly conduct, failure to follow staff instructions, and being disrespectful to staff. The juvenile court held a hearing on June 29, 2007, at which K.L.N.'s attorney made the following argument:

If an adult goes to jail in a criminal case to the Department of Correction[] and is serving their time and they don't follow the rules, they're not subject to contempt. They don't get credit time. They get punished in the DOC. I know this is the juvenile system, but it is again, he is serving his sentence in a secure facility. He's been on room restriction. He's lost privileges. He's had no phone calls. He's suffered the consequences of his actions. If he commits an act that is criminal in nature the prosecutor's office can review it.

June 29 Tr. p. 6. After determining that 77 days remained of K.L.N.'s commitment to the Center, the juvenile court found K.L.N. in indirect civil contempt of court and ordered that he serve a 77-day consecutive period of confinement for the contempt. It also ordered, however, that for every day of K.L.N.'s original confinement on which he behaved well and followed the rules, one day would be subtracted from the contempt detention. Thus, according to the court, "[w]hen I sentence you for contempt to coerce [good behavior], I have to give [K.L.N.] the key to the jailhouse door, so to speak, and I'm doing that. . . . My hope, my intent is you'll never serve day one, but you hold the key to whether you serve day one." Id. at 13. K.L.N. now appeals.[1]

DISCUSSION AND DECISION

Indiana Code section 31-32-14-1 provides that the juvenile court may punish a person for contempt of court. Here, the juvenile court found K.L.N. to be in indirect civil contempt of court, meaning *42 that he had violated a court order and that his actions had taken place outside of court and as a result, the court had no personal knowledge of his behavior. Jones v. State, 847 N.E.2d 190, 199 (Ind.Ct.App.2006), trans. denied. A penalty imposed by a court for an act of civil contempt must be coercive or remedial, rather than punitive, in nature. Id. A contempt order that does not offer an opportunity for the recalcitrant party to purge himself of the contempt may not be imposed in a civil contempt proceeding. Marks v. Tolliver, 839 N.E.2d 703, 707 (Ind.Ct.App.2005).

Here, the juvenile court imposed a penalty of seventy-seven days confinement for K.L.N.'s contempt. There were seventy-seven days remaining of K.L.N.'s original confinement with the Center, and the juvenile court ordered that for every day of K.L.N.'s detention during which he behaved well and followed the Center rules, one day of the contempt confinement would be subtracted. The State argues that in so doing, the juvenile court enabled K.L.N. to purge himself of the contempt finding and avoid the penalty.

Although this appears to be a case of first impression in Indiana, we find guidance from language contained in an opinion of a sister court that confronted a similar issue. In In re J.L., the juvenile had amassed an unacceptable number of excused absences from school. 140 Wash. App. 438, 166 P.3d 776, 778 (2007). The juvenile court ordered her to attend school and warned her that a violation of the order could result in a finding of contempt and imposition of up to seven days of detention for each violation. Subsequently, J.L. violated the order and was found in contempt on three separate occasions. The first time, the juvenile court ordered that J.L.

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K.L.N. v. State
881 N.E.2d 39 (Indiana Court of Appeals, 2008)

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Bluebook (online)
881 N.E.2d 39, 2008 WL 427651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kln-v-state-indctapp-2008.